The judge's authority to reduce or increase the statutory compensation is a comparative study between Iraqi civil law and Islamic jurisprudence

Abstract

The agreement compensation is one of the conditions that are attached to the contract, and it is not worth the agreement compensation if it occurred after the damage occurred, and that the judicial authority granted by the legislator is considered from the public system and it may not be violated in terms of the increase or decrease in the value of the compensation compensation, while Islamic jurisprudence has Legal compensation is permissible in principle and made it one of the conditions implied in the contract and it has special provisions in Islamic jurisprudence in terms of health and invalidity. Also, the agreement compensation can not amend the value of the court except after a request by the creditor or debtor and this is considered a public order According to the Iraqi civil law.